法律,作为一项对具体的行为进行合法或违法评判的活动,应当是确定的。“法律形式主义”和“规则主义”认为,只要是有确定的事实,就一定能够找出应适用的法律,也就一定能够得出一个正确的判决。随着社会的发展和科技的进步,封闭的法律体系不断受到外界的冲击和诘难,在美国现实主义法学派的推动下,法律的不确定性被推向极致。 The law, as an activity to legally or illegally judge specific acts, should be definite. “Legal formalism ” and “regularism ” think, as long as there is a definite fact, we must be able to identify the applicable law, it will certainly be able to draw a correct verdict. With the development of society and the advancement of science and technology, the closed legal system is continually subjected to external shocks and hardships. Under the impetus of the school of realist law of the United States, the law's uncertainty is pushed to the limit.